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   State Courts - Florida - February 28, 2007

  
Gavins v. State, CASE NO. 1D05-2445, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Halpern v. Houser, No. 4D06-3083, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court erred in granting appellee's motion for relief from judgment pursuant to Fla. R. Civ. P. 1.540(b), as appellees presented only unsworn assertions of excusable neglect on their part in failing to timely request a trial de novo on an arbitration award in favor of appellees as to medical malpractice claims.

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Harrah v. State, CASE NO. 1D06-4840, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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M & H Profit, Inc. v. Comm'n of Pan. City, CASE NO. 1D06-6067, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Maestri v. Fla. Sunrise, Ltd., No. 4D06-366, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Because the appellate court had reversed the damages award and remanded for remittitur in a companion case involving a landlord and a property manager, it also had to reverse the damages award in favor of the landlord in the present case and remand for remittitur as well.

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McCurdy v. City of Hialeah, CASE NO.: 1D06-1109, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 28, 2007, Opinion Filed
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Montalvo v. Montalvo, No. 4D06-1882, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: In an order dissolving the parties' marriage: (1) an unequal distribution of the parties' marital assets was reversed, absent findings referencing § 61.075, Fla. Stat. (2006); (2) the visitation order which didn't allow for advance planning was unreasonable, and (3) a travel restriction was ordered stricken.

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Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Prop. Owners Ass'n, No. 4D05-3341, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, February 28, 2007, Decided
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Overview: Trial court properly entered judgment in favor of a corporation in a property owner's action pursuant to § 704.01(1) Fla. Stat., and common law seeking a way of necessity over the corporation's property, as the proposed way was not an absolute necessity, because the owner had been able to access its property over a neighboring property.

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Parvin v. Valhalla Props. on Sand Key, LLC, Case No. 2D05-5022, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 28, 2007, Opinion Filed
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Overview: Because a nonfinal order did not address the issue of entitlement to arbitration, it was not within the scope of the appealable orders listed in Fla. R. App. P. 9.130(a)(3)(C)(iv); and because Art. V, § 4(b)(1), Fla. Const. provided that appellate jurisdiction could not be established by statute, the order was dismissed for lack of jurisdiction.

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Pulcini v. State, No. 3D06-1936, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, February 28, 2007, Opinion Filed
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